Myers et al v. City and County of San Francisco et al

Filing 69

ORDER re (68 in 3:08-cv-01163-MEJ) Stipulation, filed by Gary Moriyama, Jesse Serna, City and County of San Francisco, Heather Fong. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 3/26/10. (bjt, COURT STAFF) (Filed on 3/26/2010)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Attorney SEAN F. CONNOLLY, State Bar # 152235 WARREN METLITZKY, State Bar # 220758 Deputy City Attorneys Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO ET AL. ROBERT C. CHEASTY, State Bar # 85115 Law Offices of Cheasty & Cheasty 1604 Solano Avenue P.O. Box 8357 Berkeley, CA 94707 Telephone: [phone] Attorneys for Plaintiffs JAMAL JACKSON and JANNIE MENDEZ MATTHEW C. MANI, State Bar #172679 Freitas McCarthy MacMahon & Keating LLP 1108 Fifth Avenue, Third Floor San Rafael, CA 94901 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Plaintiffs SHAWN MYERS and SARAH MYERS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMAL JACKSON; JANNIE MENDEZ, Plaintiffs, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; HEATHER FONG, in her capacity as Chief of Police for the CITY AND
AMENDED STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

Case No. C08-1916 MEJ AMENDED STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY, EXPERT DISCLOSURE AND DISPOSITIVE MOTION DEADLINES Trial Date: 1 None Set

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COUNTY OF SAN FRANCISCO; JESSE SERNA, individually, and in his capacity as a police officers for the CITY AND COUNTY OF SAN FRANCISCO; GARY MORIYAMA, individually and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; and San Francisco police officers and employees DOES 1 through 50, inclusive, Defendants. SHAWN MYERS and SARAH MYERS, Plaintiffs, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; HEATHER FONG, in her capacity as Chief of Police for the CITY AND COUNTY OF SAN FRANCISCO; JESSE SERNA, individually, and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; GARY MORIYAMA, individually and in his capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; and San Francisco police officers and employees, DOES 1 through 50, inclusive, Defendants. The undersigned parties, through counsel, STIPULATE and AGREE and jointly request modification of this Court's Orders concerning and setting dates for discovery cut-offs in the abovecaptioned matters. The parties make this request based on the following circumstances: 1. The parties filed a Stipulation and Proposed Order ("March 22 Stipulation") with the Trial Date: Not set Case No. C08-01163 MEJ

Court on March 22, 2010. The March 22, 2010 Stipulation requests that that the Court amend its Scheduling Order as follows: · · · June 25, 2010: Last day for expert witness disclosures July 9, 2010: Rebuttal expert witness disclosure July 23, 2010: Close of fact and expert discovery 2

AMENDED STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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· ·

August 19, 2010: Last day to file dispositive motions 10 a.m., September 23, 2010: Dispositive Motion Hearing

The parties erroneously attached an earlier draft of the Proposed Order to the March 22

Stipulation, which contained different dates than those dates stipulated by the parties. 4. On March 23, 2010, the Court signed the Proposed Order that contains the

erroneously-submitted dates described below. That Proposed Order differs from the March 22 Stipulation as follows. It moves expert disclosure to April 26, 2010 rather than June 25, 2010, moves the date for close of discovery to May 12, 2010 rather than July 23, 2010 and does not address the dates for dispositive motions or expert rebuttal. For the aforementioned reasons, the parties jointly request that the Court sign the attached amended Proposed Order, which conforms with the parties' March 22, 2010 stipulation. Consistent with the parties' March 22 Stipulation, the parties request that the Court amend its Scheduling Order as follows: · · · · · June 25, 2010: Last day for expert witness disclosures July 9, 2010: Rebuttal expert witness disclosure July 23, 2010: Close of fact and expert discovery August 19, 2010: Last day to file dispositive motions 10 a.m., September 23, 2010: Dispositive Motion Hearing

IT IS SO STIPULATED. Dated: March 25, 2010 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SEAN F. CONNOLLY WARREN METLITZKY Deputy City Attorneys By: /s/ Warren Metlitzky WARREN METLITZKY Deputy City Attorney Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, et al.
AMENDED STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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Dated: March 25, 2010

LAW OFFICES OF CHEASTY & CHEASTY By: /s/ Robert C. Cheasty ROBERT C. CHEASTY Attorneys for Plaintiffs JAMAL JACKSON and JANNIE MENDEZ **Pursuant to General Order 45, §X.B., the filer of this document attests that s/he has received the concurrence of this signatory to file this document.

Dated: March 25, 2010

FREITAS MCCARTHY MACMAHON & KEATING LLP By: /s/ Matthew C. Mani MATTHEW C. MANI Attorneys for Plaintiffs SHAWN MYERS and SARAH MYERS **Pursuant to General Order 45, §X.B., the filer of this document attests that s/he has received the concurrence of this signatory to file this document.

AMENDED STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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ORDER Based on the above stipulation and the March 22, 2010 Stipulation of all parties, and for good cause appearing, IT IS ORDERED that the Court's Scheduling Order be amended as follows: · · · · · June 25, 2010: Last day for expert witness disclosures July 9, 2010: Rebuttal expert witness disclosure July 23, 2010: Close of fact and expert discovery August 19, 2010: Last day to file dispositive motions 10 a.m., September 23, 2010: Dispositive Motion Hearing

Dated: March 26, 2010

THE HONORABLE MARIA-ELENA JAMES

AMENDED STIP. PRO. RESCHEDULING EXPERT DISCLOSURE AND DISCOVERY CUT-OFF DATES; CASE NOS. C08-1916 MEJ ; C08-01163 MEJ

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